Change of contract: safeguard clause and adequacy of remuneration
on the number 43/2023 of Labor Law and Practice (Ed. Wolters Kluwer) published the following article by Avv. Andrea Loro:
CHANGE OF CONTRACT: SAFEGUARD CLAUSE AND ADEQUACY OF SALARY
The contribution highlights that, in the event of a change of contract, the possible safeguard clause provided for by the collective bargaining (aimed at the re-employment of workers by the new contractor), does not prevent such workers from questioning the legitimacy of the dismissal for any justified objective reason operated by the outgoing contractor; analyzes the jurisprudence formed regarding the inadequacy of the remuneration parameters of the Ccnl Private supervision and trust services, in the version prior to the renewal of 1 June 2023, with reference to the art. 36 of the Constitution, highlighting that with the adoption of the new tables, which provided for higher minimum wages compared to the previous version (as well as the elimination of the “F” level) with effect from 1 June 2023, the problem has been reduced but, precisely in light of the principles deduced from previous jurisprudence, it is believed that it cannot be said to be completely eliminated.
